Schwartz v. Germania Life Ins.
Supreme Court of Minnesota
On or about the 1st of September, 1870, plaintiff made an application to Ferdinand Willius, agent of the defendant, at St. Paul, for a policy of insurance upon the life of her husband, Freidolin Schwartz. The application was forwarded to the home office of defendant, at New York, and by due course of mail a policy was returned to Willius, the agent. The policy was dated September 5th, 1870, and payment of the premium was • by the terms of the policy required annually.
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On or about the 1st of September, 1870, plaintiff made an application to Ferdinand Willius, agent of the defendant, at St. Paul, for a policy of insurance upon the life of her husband, Freidolin Schwartz. The application was forwarded to the home office of defendant, at New York, and by due course of mail a policy was returned to Willius, the agent. The policy was dated September 5th, 1870, and payment of the premium was • by the terms of the policy required annually. The agent sent the policy to the assured, who declined to receive it, and refused to pay the premium. By an arrangement…
1Opinion of the Court
By the Court.
Berry, J.
The principal controversy in this case relates to the law applicable to certain facts with regard to which there is very little difference between the parties.
The defendant is a life insurance company, having its home office in the city of New York, and a local agency in St. Paul, in charge of one Ferdinand Willius. On the first day of September, 1870, the plaintiff made a written application to defendant (through said Willius) for insurance upon the life of *453Ereidolin Schwartz, her husband. The application, among other things, contained statements that “ the present…
2Cases cited1 opinion
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
3Cited by15 opinions
- Fidelity Mutual Life Ass'n v. HarrisTexas Supreme Court · 1900
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Hines v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1924
- McCully's Adm'r v. Phœnix Mutual Life Ins.West Virginia Supreme Court · 1881
- Alabama Gold Life Insurance v. MayesSupreme Court of Alabama · 1878
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